In Madarassy v Nomura International plc [2007] IRLR 246, the Court of Appeal has held that a "possibility" of discrimination arising only from a difference in gender and a difference in treatment is not, without more, sufficient to support an inference of unlawful discrimination, thereby shifting the burden of proof to the employer.

In Madden v Preferred Technical Group Cha Ltd and another, the Court of Appeal holds that the tribunal did not misdirect itself by stating that conscious or deliberate motivation was immaterial in cases of discrimination.

In Madhewoo v NHS Direct UKEAT/0030/06 the Employment Appeal Tribunal holds that dismissal was first contemplated when it was concluded that there was sufficient evidence of gross misconduct to proceed to a disciplinary hearing. As this occurred before 1 October 2004, the unfair dismissal time limit could not be extended.

The Court of Appeal has held that it was fair and just to hold the Roman Catholic Church vicariously liable for the sexual abuse of a boy perpetrated by one of its priests. The vicarious liability arose out of the close connection between the sexual abuse and the priest’s employment.

In Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services the European Court of Justice has ruled that the Barber decision, which limits retrospection of pension benefits to 17 May 1990, does not apply to part-time workers excluded from full occupational pension benefits.

Periods of service completed by part-time workers who, just because they worked part time, were deprived of a status conferring the right to additional pension benefits must, for the purposes of calculating that entitlement, be taken into account as from 8 April 1976, rules the European Court of Justice in Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services.

In Magorrian and Cunningham v Eastern Health and Social Services Board (11 December 1997) EOR77B, the European Court of Justice holds that the Barber limitation on retrospection does not apply to part-time workers excluded from full occupational pension benefit and that UK legislation which limits entitlement to obtain full membership of an occupational pension scheme to two years prior to commencement of proceedings is contrary to EC law.

In Mahlburg v Land Mecklenburg-Vorpommern (3 February 2000) EOR91A, the European Court of Justice rules that a pregnant woman cannot be turned down for a permanent job on grounds that she will not be able to take up the appointment because the job entails health and safety risks.

It is not permissible for an employer to refuse to employ a pregnant woman in a post of unlimited duration on the ground that a prohibition on employment relating to her pregnancy would prevent her from being so employed from the outset, and for the duration of her pregnancy, rules the ECJ in Mahlburg v Land Mecklenburg-Vorpommern.

A claim for damages for loss suffered as a result of the stigma attached to having worked for an employer was in reality a claim for damages for injury to the employees' previously-existing reputations, the Court of Appeal holds in Mahmud v Bank of Credit & Commerce International SA (in compulsory liquidation).

In Maidment v The European Commission, the EAT holds that the European Court of Justice has exclusive jurisdiction in employment disputes relating to candidates for employment with, and employees of, institutions of the European Community, including the Commission.

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